No Kitchen Confusion: When Comparing Marks, the Trademark Board Can Give Less Weight to Shared Terms if the Terms Are Suggestive or Descriptive | Knobbe Martens
Summary: When comparing marks under the Dupont factors, the Board may give less weight to shared terms that are highly suggestive if not descriptive. Further, a party’s willingness to alter its mark multiple times to prevent customer confusion demonstrates a lack of bad faith. In 2014, Weigel Stores, Inc. began using the stylized mark W KITCHENS in connection with food and beverages sold in its stores. The mark as originally used by Weigel appeared as follows: QuikTrip West, Inc. sent Weigel a cease and desist letter requesting that Weigel cease use of the W KITCHENS mark on...
Source: jdsupra.com